Terms of Service

LAST UPDATED: OCTOBER 17, 2019

WELCOME TO THE TERMS OF SERVICE (THE “TERMS OF SERVICE”) FOR CREATIVEWHEELSUSA.COM (“SITE” OR “CREATIVEWHEELSUSA.COM”), WHICH IS OWNED AND OPERATED BY MPC CREATIVE, LLC (“MPC CREATIVE”, “WE”, “US”, OR “OUR”), A WHOLLY-OWNED SUBSIDIARY OF MEARTHANE PRODUCTS CORPORATION (“MPC”). FOR PURPOSES OF THESE TERMS OF SERVICE, “YOU” AND “YOUR” OR “USER” MEANS YOU AS THE USER OF THE SITE.

THE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MPC CREATIVE, LLC AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. BY USING THIS SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF SERVICE.

THESE TERMS OF SERVICE ALSO INCLUDE THE ORDER TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO AND FORM A PART OF THESE TERMS OF SERVICE.

IF YOU HAVE A SEPARATE AGREEMENT WITH MPC CREATIVE, LLC OR MPC, THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS OF SERVICE.

THE SITE AND ITS SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR ITS SERVICE BY ANYONE UNDER 18 YEARS OF AGE IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER.

Account Eligibility

To use certain portions of the Site, including to place orders, you will need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for protecting the confidentiality of your password for your Account and may not disclose your password to any other person.

In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Copyright Notice

You agree that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of MPC Creative, its licensees, and/or various third-party providers (“Providers”). Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms of Service are expressly reserved by us.

Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

“CreativeWheelsUSA.com” and any and all other marks appearing on this Site are property of MPC Creative in the United States and other jurisdictions (“Marks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without MPC Creative’s prior written consent. The use of Marks on any other website or network computer environment is prohibited. MPC Creative prohibits the use of Marks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by MPC Creative in writing.

User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.

You may only use this Site to make legitimate requests to purchase the products or services offered via the Site (each, a “Request”). It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

You agree that you shall not use this Site to make any misleading, slanderous, illegal, speculative, false or fraudulent Requests. You may not use robots or other automated means to access or crawl this Site or any data on information on the Site, unless specifically permitted by MPC Creative. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without MPC Creative’s prior written consent is prohibited.

In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms of Service:

·       Collecting information about the Site or users of the Site without our written consent;

·       Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent;

·       Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;

·       Accessing or using the Site for competitive purposes;

·       Disguising the origin of information transmitted to, from, or through the Site;

·       Impersonating another person;

·       Distributing viruses or other harmful computer code(s);

·       Allowing any other person or entity to impersonate you to access or use the Site;

·       Using the Site for any purpose in violation of local, state, national, international laws;

·       Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;

·       Circumventing any measures implemented by us aimed at preventing violations of the Terms of Service.

We expressly reserve the right, in our sole discretion, to terminate a user’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms of Service.

Linking to the Site

Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

User Generated Content

If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You can find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, MPC has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA:

Physical Address:

Mearthane Products Corporation
Attn: DMCA Agent
16 Western Industrial Drive
Cranston, RI 02921

 

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of MPC Creative. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to Third Party Websites

From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

Privacy

You confirm that you have read, understood and agree to the CreativeWheelsUSA.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by MPC Creative, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the CreativeWheelsUSA.com Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by MPC Creative in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MPC CREATIVE DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MPC CREATIVE INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCES SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR SAID CUSTOMER’S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.

IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO MPC CREATIVE FOR THE REQUEST.

Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms Of Service, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), then you represent and warrant that you are authorized by such Third Party to submit Requests or otherwise use the Site on its behalf. You agree that you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms of Service applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Termination

MPC Creative reserves the right to terminate your Account and access to the Site and its services at any time. Termination by MPC Creative may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your Account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.

Amendments to Terms of Service

MPC Creative reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Service at any time. You agree that we may modify the Terms of Service and such modifications shall be effective immediately upon posting to the Site. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Service except and to the extent prohibited by applicable state or federal law.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that MPC Creative will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.

Additional Terms

The captions in these Terms of Service are only for convenience and do not, in any way, limit in part or whole, or otherwise define the terms and provisions of these Terms of Service. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to uphold the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. The failure by either you or MPC Creative to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Service.

Entire Agreement

These Terms of Service, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Governing Law & Exclusive Venue for Disputes

The internal laws of the State of Rhode Island shall govern the performance of these Terms of Service, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Providence in the State of Rhode Island for all disputes arising out of, or relating to, the Terms of Service and use of this Site or its services.

Equitable Relief

You agree that a breach of these Terms of Service will cause irreparable injury to MPC Creative for which monetary damages would not be an adequate remedy and MPC Creative shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

California Notice

Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to MPC Creative at info@test1.creativewheelsusa.com or to you at the email address you provide to MPC Creative. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

Contact Us

Our postal address is:
CreativeWheelsUSA.com
16 Western Industrial Drive
Cranston, RI 02921

We can be reached via email at info@test1.creativewheelsusa.com or by telephone at 800.343.6591.

ORDER TERMS AND CONDITIONS

Payment

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the Site and stated herein are based on current costs and subject to change without notice and payment amounts and other terms may be subject to additional agreements between User and MPC Creative.

If a User submits an order on the Site to purchase custom skateboard wheels, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.

Production of all items ordered hereunder is subject to the terms outlined below in the “Manufacturing Turnaround Time” section, and will not begin until an order is fully paid, including shipping and handling fees.

Once the wheel order details and file(s) associated with an order have been approved by the User as described below in the “Manufacturing Turnaround Time” section, and will not begin until an order is fully paid, the order will be “In Production” and no changes will be allowed to the wheel details, files, job characteristics, or manufacturing turnaround time. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees, List Purchase and shipping costs are non-refundable. Except as provided for in the Return & Refund Policy below, any payment received from the User shall be deemed fully paid to MPC Creative and non-refundable at a rate of twenty percent (20%) for each calendar month that passed after the date of the User’s initial submission even where the manufacturing job never reaches the “In Production” or shipment phase due to no fault of MPC Creative (e.g. User fails to respond to approval of proof, User fails to provide information to complete the job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).

Return & Refund Policy

At CreativeWheelsUSA.com, we strive to provide our Users with the best possible customer experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. Depending on the issue, the approved solutions is 100% refund or remanufacturing on any defective orders.

 

All policies are subject to change without prior notification. Defective product refunds and remanufacturing shall not exceed the amount paid by the User or $1,500.00 (whichever is less). Determination of defect is at the sole discretion of MPC Creative. In most cases, Users will be requested to submit digital photos documenting the product defect and/or ship the defective products back to MPC Creative. Turnaround and shipping for remanufactured orders will vary depending upon available production capacity and manager’s discretion.

Our Sales Tax Policy

All CreativeWheelsUSA.com products are to be purchased by resellers or As a business-to-business provider, CreativeWheelsUSA.com does not collect sales tax on orders. Users are responsible for the payment and remittance of any applicable local sales or use taxes. In order to verify your tax-exempt status, you are required to provide your tax exemption certificate or W9 form during the account set-up and check-out processes.

Proofs

CreativeWheelsUSA.com offers proofs which show reasonable likeness of the shape and pad printing to the final custom wheels. All proofs are made on stock natural color wheels, and therefore do not provide a representation of the material or wheel color of the final custom wheels. Such proofs are recommended for color-critical art and must be requested by the User when the order is made. The request for a proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a proof has been requested, the approval must be received by MPC Creative before wheel manufacturing can begin. We will make every reasonable effort to match colors and design in production when a proof is requested. It is the User’s responsibility to determine if they need a proof with their order.

Cancellation

If the User shall for any reason terminate an order in whole or in part, notification of termination must be given to MPC Creative in writing. MPC Creative shall thereupon cease work and the User shall pay MPC Creative as liquidated damages for complete materials or products and an equitable price as determined by MPC Creative based on the degree of completion for material or products in process at the time of cancellation.

Color Accuracy

CreativeWheelsUSA.com will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the pad printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with CreativeWheelsUSA.com, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed product.

Under no circumstances will a reprint be honored for color variations that have occurred during the pad printing process. We are not liable for color matching or ink density on proofs that you approve. Proofs will display design layout, text accuracy, image proportion and placement and color or density. Application of clear coating may affect or change the appearance of the printed design or colors. We are not liable for the final color appearance of a clear coated product.

No Liability for Errors

MPC Creative is not liable for errors in a final product caused by any of the following reasons:

·       Spelling, punctuation and grammatical errors

·       Low resolution or low quality graphics and images

·       Damaged fonts

·       Transparency issues

·       Overprint issues

·       Artwork files that are not created following our specifications

·       Variances in color from the conversion of Pantone or RGB colors to CMYK

·       Errors in user-selected options such as size, quantity, shape, material and packaging

·       Duplicate orders submitted by the User

·       Incorrect files uploaded

·       Incorrect file orientation

·       Damage to products after delivery to User

·       Incorrect or undeliverable shipping address

User is responsible for reviewing their files and correcting any issues prior to placing the order.

Over Run and Under Run Policy

Due to the MPC Creative’s manufacturing process, we cannot guarantee that every order will be the exact number of items which was ordered. MPC Creative can only guarantee that it will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, we will either refund or give you Store Credit for the number of pieces we were “short” if over 10% of the order quantity.

Artwork Files

The MPC Creative team checks all submitted artwork files before pad printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to CreativeWheelsUSA.com. MPC Creative is not responsible for any issues as to orientation or alignment of your submitted artwork. By submitting the artwork to CreativeWheelsUSA.com, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” files or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms of Service, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

CreativeWheelsUSA.com may also provide artwork design tools which offer a limited number of elements. We reserve the right to use and offer all such elements to other parties in the future. Other CreativeWheelsUSA.com Users may use the same design tools to create products that may have similar or identical combinations of these elements. MPC Creative provides no warranty of any kind that wheel designs or artwork created using our design tools will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party’s rights.

We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. MPC Creative is not responsible for the deletion or failure to store any file uploaded on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

Promotional and Referral Codes

CreativeWheelsUSA.com may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts, or other features or benefits related to the Site, subject to any additional terms that MPC Creative establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by MPC Creative; (d) may be disabled or have additional conditions applied to them by MPC Creative at any time for any reason without liability to MPC Creative; (e) may only be used pursuant to the specific terms that MPC Creative establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Site; and (g) may expire prior to your use.

Manufacturing Turnaround Time

Manufacturing turnaround time commences from the time we receive your pad print-ready files, approval for your proof, if applicable, and full payment for your order. If you have chosen to not purchase a proof, manufacturing turnaround time commences from the time we have received your complete order, including pad print-ready files and full payment for your order. For orders that do not have complete design details, or have files that are not pad print-ready, manufacturing turnaround time commences from the time we receive all applicable information regardless of when payment was made.

Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating manufacturing turnaround time. In addition, while Manufacturing turnaround time includes molding, shaping, pad printing, and packaging, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated manufacturing turnaround time advertised on this site is based on the typical number of hours or days that a job is completed under normal circumstances, excluding Saturdays, Sundays and holidays. MPC Creative will not be responsible for shipping-related costs on orders that do not go out by the due date.

Shipping

Unless you choose Pick Up or Mailing Services, you need to select one of the shipping methods presented to you on the Site. All shipping may be done using FedEx, UPS or other freight carriers. MPC Creative reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.

MPC Creative’s responsibility is limited to preparing your custom wheel order and turning it over to the carrier for shipping. Shipping transit times vary and MPC Creative assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

MPC Creative is not liable for damages that occur during shipping. Pick up orders will be kept for 30 days from the send date of the pick-up notification email. If the order has not been picked up from MPC Creative’s facility within 30 days, it will be disposed. MPC Creative reserves the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where MPC Creative completes the job prior to the turnaround time selected by you and there will be no adverse material impact on the target arrival date (see Target Arrival section below).

Target Arrival

Target arrival dates are calculated by adding the manufacturing turnaround time to the shipping transit time. Both manufacturing and shipping times are based on business days only and do not include weekends or holidays.

For example, a product with a manufacturing turnaround time of two business days and a shipping method of Two Day service would have a target arrival date of four business days after your complete order has been sent to production.

If you have requested a Proof, factor in approximately ten business days to receive and approve your proof. Please understand that target arrival dates are estimates, not guarantees. MPC Creative assumes no responsibility for delays caused by shipping carriers, weather, the breakdown of equipment, illness, etc.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your final custom wheels. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.

All materials we create in producing your custom skateboard wheels are the property of MPC Creative. These materials and their manufacturing processes are property of MPC Creative. Please note that your final product or images used for your final product will not be used in any national advertising without your prior written consent.